Last updated Fri Feb 28 13:18:16 2020
LuckyRV Terms of Service
Terms of Service (United States)
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY AS THEY CONTAIN IMPORTANTINFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDELIMITATIONS AND EXCLUSIONS, AS WELL AS A SECTION THAT LIMITS YOUR LEGAL REMEDIES,INCLUDING YOUR RIGHT TO FILE SUIT IN A COURT OF LAW INDIVIDUALLY OR AS A CLASS ACTION. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TOTHE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE ORACCESS THE SERVICES.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FORRVS AND GUESTS MAY LEARN ABOUT AND ARRANGE TO RENT RVS. YOU UNDERSTAND AND AGREE THATANY AGREEMENT TO RENT AN RV ARRANGED THROUGH THE SITE IS AN AGREEMENT BETWEEN YOU ANDTHE OWNER OF THE VEHICLE AND THAT LuckyRV IS NOT A PARTY TO ANY SUCH AGREEMENTS. NOR ISLuckyRV A RV BROKER, AGENT OR INSURER. LuckyRV HAS NO CONTROL OVER THE CONDUCT OFOWNERS, RENTERS AND OTHER USERS OF THE SITE, OR SERVICES, AND DISCLAIMS ALL LIABILITYFOR SUCH CONDUCT EXCEPT AS EXPRESSLY PROVIDED HEREIN.
1.2 Updates to these Terms
These Terms apply to any use of the Site and any LuckyRV Services provided to orreceived by you. By registering for an account you are agreeing to these Terms. LuckyRV may modify or replace these Terms from time to time bypublishing a new version on the Site. You will be notified by email (tothe email address provided at the time you register on the Site ofmaterial changes to the Terms. Your continued use of the Site following any amendmentor replacement of the Terms constitutes your acceptance of the Terms as amended orreplaced. If the Terms are updated and you do not agree to such updated Terms, you maynot use the LuckyRV platform or the Site.
1.3 Other LuckyRV Policies
In addition to these Terms, You agree that you will comply with all written rules,agreements, and policies that are made available by LuckyRV on the Site or in connectionwith the Services, which are hereby incorporated herein by reference. These include,without limitation:
Insurance Policy if applicable (we currently don't provide any insurance)
"Damage" includes any and all damage to any part of the Vehicle including broken parts,dents, stains, broken, cracked or chipped windscreens, damaged tires, theft, fire, breakin or vandalism.
"Renter" means a person who uses Site as a Renter and who makes a booking withrespect of a Vehicle.
"Insurance Provider" means IOA.
"LuckyRV," "we," "us," or "our" means ASGweb, LLC
"Owner" or "you" means a person registered as the owner of a Vehicle on the Site.
"Owner's Rental Fee" means your fee for renting out the RV, which will include a dailycharge, and for local owners any a la cart charges or cleaning, laundry, additionalrental items etc.
"Pick Up / Drop Off Report" means the report provided on the LuckyRV application, to be completed at the commencement and the conclusion of theRental Period.
"Rental Period" means the period from the day of pick up to the day of return of theVehicle, as recorded under the relevant booking on the Site.
"Rental Price" means price paid or payable by a Renter for rental of a Vehicle asspecified on the Site and in Section 4.4 below.
"Services" means any additional services provided to an Owner with respect of your useof the Site or rental of the Vehicle.
"Site" means the online platform provided by LuckyRV, accessible at https://LuckyRV.com, such other websites through which the LuckyRV platform is made available, or theLuckyRV mobile application.
"Tax" means any sales or use tax chargeable under any state, federal or local law.
"Terms" mean these terms and conditions.
"Vehicle" means a recreational vehicle ("RV") that has been registered on the Site.
"Vehicle Accessories" means all accessories including camping utensils and otherequipment or additional rental items related to the Vehicle.
2. Registration as an Owner
2.1 If you wish to use the Site to rent out your RV, you must register as an Owneron the Site, and also register your RV on the Site. To register to be an Owner, youmust be at least 18 years old, and you must complete the registration process on theSite. By doing so, you are deemed to have agreed to these Terms.
2.2 To register your RV as a Vehicle on the Site:
(a) you must be the owner of the RV, or otherwise have the right to rent the vehiclethrough LuckyRV;
(b) the RV must have a valid and current registration with Department of Motor Vehicles;
(c) you must have a comprehensive and current (not third party or third party, fire andtheft) insurance policy in place with respect of the RV;
(d) you must provide an accurate and complete description and photos of the RV,including details of its age and any material defects or deficiencies;
(e) you must specify the Owner's Rental Fee you intend to charge and a location forhandover of the RV for both pick up and return.
2.3 We reserve the right to accept or decline your application for registration atour absolute discretion. If, at any point, you or your Vehicle does not comply withsection 2.2, you must remove the Vehicle from the Site and must not accept any bookingrequests with respect of the Vehicle until the non-compliance is rectified.
2.4 You may update the information on the Site regarding your Vehicle at any time,including changing the Owner's Rental Fee for your Vehicle. However, you cannot changethe Owner's Rental Fee with respect of any booking which has been accepted.
2.5 You warrant and represent that the information you provide to us and on theSite is correct, complete, accurate and up-to-date. You agree to promptly notify us ofany changes to your information by updating the "profile" section on the Site found in Members Area at Account Info.
3. Your Conduct
3.1 In connection with your use of the Site and the Services you represent,covenant and agree that you will not:
(a) register as more than one Owner, or register on behalf of any person other thanyourself;
(b) contact a Renter for any purpose other than asking a question related to a booking ofyour Vehicle;
(c) use the Site to find a Renter and then complete a booking of a Vehicle without usingthe Site or the Services in order to circumvent the obligation to pay any fees relatedto the use of the Site or provision of the LuckyRV Services;
(d) extend any Rental Period otherwise than in accordance with section 5;
(e) submit to the Site any false or misleading price information, including any Owner'sRental Fee that you do not intend to honor;
(f) offer, as an Owner, any RVs that you do not yourself own or have permission torent;
(g) offer, as an Owner, any RV that may not be rented pursuant to the terms andconditions of an agreement with a third party;
(h) impersonate or falsify or otherwise misrepresent yourself or your affiliation withany person or entity;
(i) use automated scripts to collect information or otherwise interact with the LuckyRVServices;
(j) post, upload, publish, submit or transmit any Owner Content that, in LuckyRV's solejudgment may: (i) infringe, misappropriate or violate a third party's patent, copyright,trademark, trade secret, moral rights or other intellectual property rights, or rightsof publicity or privacy; (ii) violate, or encourage any conduct that would violate, anyapplicable law or regulation or would give rise to civil or criminal liability; (iii) befraudulent, false, misleading or deceptive; (iv) be defamatory, obscene, pornographic,vulgar or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment orharm against any individual or group; (vi) be violent or threatening or promote violenceor actions that are threatening to any other person; or (vii) promote illegal or harmfulactivities or substances;
(k) infringe or misappropriate the rights of any person or entity, including withoutlimitation, their intellectual property, privacy, publicity or contractual rights;
(l) interfere with or damage the LuckyRV Services, including, without limitation,through the use of viruses, cancel bots, trojan horses, harmful code, flood pings,denial-of-service attacks, packet or IP spoofing, forged routing or electronic mailaddress information or similar methods or technology;
(m) stalk or harass any other user of the LuckyRV Services or collect or store anypersonally identifiable information about any other user other than for purposes of theLuckyRV Services;
(n) use our LuckyRV Services to transmit, distribute, post or submit any informationconcerning any other person or entity, including without limitation, photographs ofothers without their permission, personal contact information or credit, debit, callingcard or account numbers;
(o) use our LuckyRV Services in connection with the distribution of unsolicitedcommercial email spam or advertisements unrelated to lodging in a private residence; or
(p) advocate, encourage, or assist any third party in doing any of the foregoing.
4. Bookings and payment
4.1 Renters will send booking requests to us through the Site. If you are a ‘Owner', we will notify you of the booking request for your Vehicle via email. You may,in your sole discretion, choose to accept or decline the request.
4.2 If you accept a booking request you acknowledge and agree that youare bound to rent the Vehicle to the Renter for the Rental Period.
4.3 LuckyRV also offers the option to allow for "instant booking." If you chooseto allow for instant bookings, you agree to automatically accept any booking requestmade by any Renter and you acknowledge and agree that you will be bound to rent theVehicle to the Renter for the Rental Period on the specified terms.
4.4 The Rental Price that will be paid by Renter will be the Owner's Rental Fee.
4.5 All payments and payment forms between Owner and Renter are at the sole discretion of the Owner.
5. Modification of Booking
Owner has the right to make modifications to a booking via tools made available on the Site with the agreemnt of Renter.
6. Booking cancellations
6.1 If a Renter cancels a booking you agree to be bound by the cancellation terms that you included on your listing.
6.2 The above cancellation fees will be the only amounts you may retain withrespect of any cancelled booking, and you must refund balance (if any) to Renter. LuckyRV will not be liable for any loss sufferedby you with respect of cancellation of any booking including, but not limited to, anyconsequential loss.
6.3 If you cancel a booking (including by failing to make the Vehicle available atthe pick up location at the agreed time) you agree to refund to Renter any amounts collected by you.
6.4 You will be deemed to have cancelled a booking, and section 6.3 will apply, ifyou meet the Renter at the designated pick-up location and the Renter determines that theVehicle is, in their opinion (acting reasonably), materially different from thedescription of the Vehicle on the Site, and the Renter validly cancels their booking withyou on such grounds.
6.5 You will not be deemed to have cancelled a booking if:
(a) you meet the Renter at the designated pick-up location and you determine (actingreasonably) that the Renter is unfit to drive, including due to intoxication; and
(b) you notify us immediately of the cancellation and inform us of the reason youcancelled the booking.
(c) You agree to use the cancellation tool available on the Site.
6.6 You will also not be deemed to have cancelled a booking if the reason for thecancellation is that the Vehicle was damaged during a previous Rental Period and, as aresult of that Damage, is not fit for hire.
7. Vehicle pick up
7.1 You must meet the Renter at the time and place agreed between you and the Renterat the commencement of the Rental Period. You must ensure that the Vehicle:
(a) has a current registration (which will be current for the duration of the RentalPeriod);
(b) is in a fit and proper condition, and all fees payable with respect of the Vehicleunder any local, state or federal law or ordinance have been paid;
(c) is in a clean condition, with toilet chemicals and waste water tanks (asapplicable) emptied and fresh water tank full (if Renter requests a full tank);
(d) has a full fuel tank and full propane Tank (if applicable) and has all fluids toppedup to a level sufficient to last the duration of the Rental Period (including water,oil, transmission, coolant etc); and
(e) does not contain any of your personal belongings or effects, other than any itemswhich are included in the rental of the Vehicle.
7.2 You must, prior to releasing the Vehicle to the Renter:
(a) review and be satisfied with the Renter's driver's license (i.e. that it is validand current for the duration of the Rental Period); and
(b) complete and submit the Pick Up / Drop Off Report with the Renter.
(c) have Renter sign and date the booking agreement available in members area listed under Reservation Management .
7.3 It is your responsibility as Owner to complete, together with the Renter, aPick Up / Drop Off Report at the time the Vehicle is handed over to the Renter. You must take the necessary steps to record evidence ofany pre-existing Damage to the Vehicle (i.e. photos or a recording) to prove thecondition of the Vehicle at the commencement of the Rental Period.
7.4 You acknowledge that with respect to the handover procedures described in thissection 7 you will not make any representations to the Renter on our behalf or otherwisehold yourself out as acting on behalf of LuckyRV.
7.5 In the event that there is a mechanical fault or failure of the Vehicle duringthe Rental Period (which is not caused by an accident), you acknowledge that you, andnot LuckyRV, will be responsible for the costs to repair that fault or failure.
8. Vehicle Return and Damage claims
8.1 You must collect the Vehicle at the end of the Rental Period at the time and placeagreed between you and the Renter as the drop off location.
8.2 It is recommended that you keep the Pick Up /Drop Off Report with the signed booking agreement for your records in case of an insurance claim.
8.3 If there is Damage that resulted in the Vehicle no longer being drivable, the RentalPeriod ends on the date that the Damage is caused. You will still receive the fullOwner's Fee for the Rental Period. You agree to contact your insurance with caim. If you insured your Vehicle through LuckyRV, our Insurance Provider will then contact you toarrange for repair of the Vehicle (including agreeing upon the time and place ofrepair). If our Insurance Provider determines that the Vehicle is beyond economicalrepair (in its opinion), you will be paid the market value of the Vehicle, as determinedby the Insurance Provider. The maximum market value payable is $100,000. If youconsider your Vehicle has a market value in excess of $100,000 you must notify LuckyRVof the estimated market value of the Vehicle at the time of registering on the Site. LuckyRV will confirm acceptance of that amount with the Insurance Provider, prior toyour Vehicle being accepted as registered on the Site.
8.4 If you insured your Vehicle through LuckyRV. And if you identify any Damage to the Vehicle that has not previously beennotified to you, you must record details and evidence of the Damage (i.e. photos or arecording) in the Pick Up / Drop Off Report completed at the end of the Rental Period. If Damage is not recorded on the Drop OffReport, and we are unable to hold the Renter liable for the excess portion of the claim,this amount will be charged to the Owner's credit card on file. If you and the Rentercannot agree on any Damage, you must notify us of the dispute by emailinginfo@LuckyRV.com within two (2) working days of the end of the Rental Period. Section 14 will apply with respect to any disputes between you and the Renter regardingany Damage, and you must keep us informed of the status of the dispute. Once thedispute has been resolved, you must submit the agreed Pick Up / Drop Off Report in theOwners' area. Our Insurance Provider will contact you to arrange for any repairof the Vehicle required (including agreeing the time and place of repair).
8.5 Unless Vehicle is insured through LuckyRV, LuckyRV assumes no responsibility for completingany repairs.
8.6 The Renter, the Insurance Provider or LuckyRV will NOT be responsible for any:
(a) damage to or faults of the Vehicle identified and agreed as pre-existing damage orrecorded in the Pick Up / Drop Off Report completed at the commencement of the RentalPeriod;
(b) depreciation, gradual damage, corrosion or any fair wear and tear to the Vehicle orVehicle Accessories during the Rental Period;
(c) damage arising from failure of, or defect or fault in, the design, specificationsor materials incorporated into the Vehicle;
(d) mechanical fault (including any breakdown) or failure of the Vehicle that occursduring the Rental Period if the fault or failure is, or is likely to have been (in our,or the Insurance Provider's, reasonable opinion), caused by an existing issue with theVehicle; or
(e) mechanical, electrical, alarm or electronic systems or any loss that their failurecauses to the rest of these systems; and
(f) consequential loss arising out of any loss or Damage including, without limitation,loss of revenue for any future bookings which must be cancelled due to Damage to theVehicle caused during the Rental Period.
8.8 If Vehicle is insured through LuvkyRV, you agree to provide us and the Insurance Provider with access to the Vehicleat reasonable times to assist with our assessment of any Damage and to undertake anyrepairs.
8.9 The Owner is responsible for deducting from Renter Security Deposit:
(a) excess cleaning fees, if the Vehicle is not returned in a clean condition;
(b) fuel and gas charges, if the Vehicle does not have a full fuel tank and full gas can(if applicable) when returned;
(c) dumping fee, if the Renter has not emptied the grey water and waste tanks of theVehicle prior to returning it;
(d) lost items, if the Renter has returned the Vehicle and additional items included inthe rental are missing.
9. Traffic Violation Fees
9.1 We acknowledge that you are not liable for tickets or citations incurred withrespect to parking, speeding, red light camera, toll, or other traffic offenses("Traffic Violation Fee") involving the use of the Vehicle during the Rental Period.
9.2 If you receive a Traffic Violation Fee that relates to the use of the Vehicleduring the Rental Period, you must send Renter a copy of the Traffic Violation Fee received,and/or a copy of any reminder notices received (by sending a legible color copy toRenter), as soon as practicable and no later than five (5) working daysafter you receive the notice and make arrangements for Renter to pay said Fee.
10. Suspension and termination of registration
10.1 We reserve the right to alter, suspend or terminate the Site and/or relatedmobile application, the LuckyRV Services, registration of a Vehicle, your status as aregistered Owner and your access to the secure section of LuckyRV.com temporarily orpermanently at any time and without prior notice. Without limiting the above, if you breach these Terms, repeatedly cancel bookings, or do not adhere to follow safety inspection/maintenance requirements, LuckyRV has the right to terminate your status as aregistered Owner and remove your profile and Vehicles from the Site.
10.2 An Owner can suspend his or her account on the Site and remove their profilefrom public access at any time, provided that no current booking is associated with theOwner at that time. Upon suspension of an account by an Owner, we will remove yourprofile information from public access (but you agree that we may retain profileinformation as part of our business records in accordance with applicable law).
10.3 An Owner can reinstate their account and public access to his or her profile atany time, with the approval of LuckyRV.
10.4 Suspension or termination of an Owner's account will not affect your or ourrights and obligations under these Terms accruing prior to suspension or termination.
11. Vehicle Maintenance and Safety Inspections
As an owner you acknowledge and agree that you are responsible for regular maintenance and safety inspections on your vehicle in order to have it listed on the LuckyRV platform and to have it covered by LuckyRV's insurance (if applicable). Before each rental pick up the vehicle should be inspected to make sure that everything is functioning in a safe and proper way, including but not limited to: tires, brakes, vehicle handling, electrical,lpg system, appliances.
LuckyRV requires a full safety inspection to be completed for your vehicle to be eligible to be rented through the platform AND again at a minimum every 5000 miles or 6months (whichever comes first). The checklist can be found at https://www.LuckyRV.com/SafetyInspection.pl and in your account in the reservation management process.
If Vehicle is insured through LuckyRV, LuckyRV and its insurance company reserves the right to request service records and proof of inspections as part of the insurance claims process. Failure to be able to provide these may result in an insurance claim being denied. It is the owner's responsibility to keep records of all maintenance and safety inspections and to provide these for inspection if requested.
12 Intellectual property and your use of the Site
12.1 The material displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, results of the use of software and tools, advertisements, names, logos and trade marks ("Content") are protected by intellectual property laws unless expressly indicated otherwise. All rights, title and interest in and to the Content are owned, licensed or controlled by LuckyRV or the party credited. Caching, unauthorized hypertext links to the Site, and framing of any Content without LuckyRV's prior written consent is prohibited. All Content herein and the reto are and shall remain the exclusive property of LuckyRV. All rights in and to the Site(and any software, hardware or other technology used to provide the Site), Content andLuckyRV Services are reserved by LuckyRV.
12.2 You warrant and represent that you own, or that you are authorized to use and upload, all relevant intellectual property rights in any content that you upload to theSite ("User Content") and you grant us a perpetual, irrevocable, transferrable, royaltyfree license to view, copy, adapt, translate, modify, distribute, license, sell,transfer, publicly display, publicly perform, transmit, stream, broadcast, access, use,and otherwise exploit the User Content to operate the Site and the LuckyRV Services,including in relation to promotion of the Site and the LuckyRV Service and making theUser Content available for access, viewing and use by other users and Renters of theSite.
12.3 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site and LuckyRV Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all UserContent that you make available through the Site and LuckyRV Services or you have all rights, licenses, consents and releases that are necessary to grant to LuckyRV the rights in such User Content, as contemplated under these Terms; and (ii) neither theUser Content nor your posting, uploading, publication, submission or transmittal of theUser Content or LuckyRV's use of the User Content (or any portion thereof) on, through or by means of the Site, the LuckyRV Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12.4 LuckyRV provides a feedback function on the Site, to allow Owners and Renters to evaluate the conduct of each other and any Vehicle. Any feedback you provide must be accurate and must not contain any offensive or defamatory language or otherwise be inappropriate. We may remove or redact any feedback provided on the Site at our absolute discretion.
13. Site Availability and Disclaimers
13.1 Subject to the below, we will use reasonable efforts to ensure that the Site is continuously available without significant disruption or faults (other than during periods of maintenance), and that the information on the Site is accurate.
13.2 The information on this Site is provided on an "as is" basis. To the fullest extent permitted by law, LuckyRV:
(a) excludes all representations and warranties relating to the Site and its contents,or which is or may be provided by any third parties (including any Owners or Renters),including in relation to any inaccuracies or omissions in this Site, in the descriptions of Vehicles or any information regarding Renters or Owners; and
(b) excludes all liability for damages arising out of or in connection with your use of the Site. This includes, without limitation, direct loss, loss of business or profits(whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised LuckyRV of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon orany other direct or indirect, consequential and incidental damages.
13.3 LuckyRV gives no undertakings, representations, or warranties in relation to any Vehicles listed on or rented through the Site, including the suitability, safety,description, quality, features or specifications of a Vehicle.
13.4 The Site may contain links to third party websites ("Linked Sites"). LuckyRV does not control Linked Sites and is not responsible for their content or hyperlinks. Hyperlinks are provided for convenience only, and their inclusion does not imply thatLuckyRV endorses the Linked Site. LuckyRV provides no guarantees, representations or warranties as to the nature, content and reliability of any Linked Site, and is not liable for any electronic content of a third party. You link to any Linked Site entirely at your own risk.
13.5 You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Site(including credit card information) may be read or intercepted by others, even where a website is stated as being secure. LuckyRV shall have no liability for the interception or ‘hacking' of data through the Site by unauthorized third parties.
13.6 The exclusions and limits set out in these Terms will also operate for the benefit of our suppliers, licensors and agents.
14.3 In registering on the Site, you accept that we may use third party sources torun identity verification checks on you.
15. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIALIMPACT ON HOW CLAIMS YOU AND LuckyRV HAVE AGAINST EACH OTHER ARE RESOLVED.
15.1 Disputes. Subject to applicable law, you and LuckyRV agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way toor arising out of this or previous versions of the Terms, your use of or access to theServices or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
15.2 Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and LuckyRV, except as otherwise stated in the Terms.These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Utah and the United States of America, without regard to its conflict-of-law provisions. In the event that a dispute is permitted to be brought in a court of law under this Legal Disputes Section, you and we agree to submit to the personal jurisdiction of a state or federal court located in Salt Lake City, Utah.
15.3 Agreement to Arbitrate. You and LuckyRV each agree that any and all disputes or claims that have arisen or may arise between you and LuckyRV (including its respective parent company, subsidiaries, employees, officers, directors, and agents) relating in any way to or arising out of this or previous versions of the Terms, your use of, or access to the Services, or any services sold, offered, or purchased through the Services(such as listing or renting a Vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration,rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights,trademarks, trade secrets, patents, or other intellectual property rights.Alternatively, you may assert your claims in small claims court in Salt Lake City, Utah, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The FederalArbitration Act governs the interpretation and enforcement of this Agreement toArbitrate.
15.4 Prohibition of Class and Representative Actions and Non-Individualized Relief.YOU AND LuckyRV AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON ANINDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LuckyRV AGREE OTHERWISE, THEARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAYNOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASSPROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, ANDDECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THEEXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANYRELIEF AWARDED CANNOT AFFECT OTHER USERS.
15.5 Arbitration Procedures. Arbitration is more informal than a lawsuit in court.Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, subject to and in accordance with these Terms and as limited in the section below entitled Limitation ofLiability and Indemnification. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement toArbitrate, or the interpretation of heading "Prohibition of Class and RepresentativeActions and Non-Individualized Relief," shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute ("Notice"). The Notice to LuckyRV should be sent via email to info\@LuckyRV.com. Please provide your name, username, telephone number, email,mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from LuckyRV.
If you and LuckyRV are unable to resolve the claims described in the Notice within 30days after the Notice is sent, you or LuckyRV may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org (The AAA provides a Demand for Arbitration form.) In addition to filing this form with the AAA in accordance withits rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or LuckyRV shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is \$35,000 or less, you orLuckyRV may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LuckyRV subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or LuckyRV may attend by telephone.
For matters where the relief sought is over \$5,000, the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based theaward. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same LuckyRV user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
15.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement toArbitrate. If the value of the relief sought is \$5,000 or less, at your request, LuckyRV will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator's decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), LuckyRV is relieved of its obligation to reimburse you for any fees associated with the arbitration.
15.7 Severability. With the exception of any of the provisions in Section"Prohibition of Class and Representative Actions and Non-Individualized Relief," if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section "Prohibition of Class and Representative Actions and Non-Individualized Relief" is invalid or unenforceable,then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.
15.8 Opt-Out Procedure. YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATEPROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO info\@LuckyRV.COM ("OPT-OUTNOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOUFIRST REGISTER AS A USER OF THE SITE.
In order to opt-out, you must email your name, username, address (including street address, city,state, and zip code), and email address(es) associated with your LuckyRV Account(s) to which the opt-out applies and to info\@LuckyRV.com. This procedure is the only way youcan opt out of the Agreement to Arbitrate. If you opt out of the Agreement toArbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
15.9 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to thisAgreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement toArbitrate that have arisen or may arise between you and LuckyRV. If you do not agree to these amended terms, you may close your account within 30 days of posting or notification of the amendments and you will not be bound by the amended terms, but will arbitrate any dispute in accordance with the provisions of the "Agreement to Arbitrate"section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to LuckyRV, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of theTerms.
15.10 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in theevent that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of theAgreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court or the partieshave reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and LuckyRV must be resolved exclusively by a state, federal, or small claims court located in Salt Lake City, Utah. You and LuckyRV agree to submit to the personal jurisdiction of the courts located within Salt Lake City, Utah, for the purpose of litigating all such claims or disputes.
16. Limitation, exclusion of liability and Indemnity
16.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE LuckyRV SERVICES, CONTENT, YOURLISTING OR BOOKING OF AND USE OF ANY RVS VIA THE LuckyRV SERVICES, AND ANY CONTACT YOUHAVE WITH OTHER USERS OF THE LuckyRV SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITHYOU. NEITHER LuckyRV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERINGTHE LuckyRV SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY ORCONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICEINTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS ORSERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISINGOUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THELuckyRV SERVICES, OR CONTENT FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITHOTHER USERS OF THE LuckyRV SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE ORINTERACT AS A RESULT OF YOUR USE OF THE LuckyRV SERVICES, CONTENT OR FROM YOUR LISTING,BOOKING, OR USE OF ANY RV VIA THE LuckyRV SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY,AND WHETHER OR NOT LuckyRV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IFA LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16.2 IN NO EVENT WILL LuckyRV'S AGGREGATE LIABILITY ARISING OUT OF OR INCONNECTION WITH THESE TERMS AND YOUR USE OF THE LuckyRV SERVICES AND CONTENT INCLUDING,BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY RV VIA THE LuckyRVSERVICES, OR FROM THE USE OF OR INABILITY TO USE THE LuckyRV SERVICES, AND IN CONNECTIONWITH ANY RV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU PAID LuckyRVIN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY,OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THELIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THEBARGAIN BETWEEN LuckyRV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONMAY NOT APPLY TO YOU.
16.3 You agree to release, defend, indemnify, and hold LuckyRV and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any allegations, claims, liabilities, damages, losses, and expenses, including,without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Content or your violation of these Terms; (b) your (i) interaction with any Owner or other Renter, (ii) booking or use of a Vehicle, or (iii) the use, condition or rental of a Vehicle by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental,consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Vehicle; (c) breach of any obligation, duty, responsibility under this Agreement; (d) the breach of any applicable law; or (e) the Owner Content infringes or misappropriates any patent, trade secret, copyright, trademark or any other intellectual property right of any third party.
16.4 In the event of any claim under section 15.3, the indemnified party shall promptly notify the indemnifying party in writing thereof; provided, however, that the failure to give such prompt notification to the indemnifying party shall not relieve it of its indemnification obligations hereunder unless the indemnifying party can establish such delay materially prejudiced indemnifying party. The indemnifying party shall control and conduct the defense of such claim, including the settlement of the same provided that it may not settle any such claim without the indemnified party's prior written consent unless such settlement includes a full release of all claims against the indemnified party.
17.1 IRS regulation, regarding federal tax reporting requirements, stipulates thatLuckyRV may be required to collect IRS Form W-9 from all Owners in the United States.You understand and agree that you are solely responsible for determining your applicableTax reporting requirements in consultation with your tax advisors and attorneys. LuckyRV cannot and does not offer Tax-related advice to any Owners, Renters or users of the Site or LuckyRV Services.
18.1 These Terms are governed by the laws of the State of UTAH, without regard to choice of law principles.
18.2 You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms. You must not agree, attempt,offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise dealwith the Vehicle.
18.3 If any of these terms is unenforceable the remaining provisions will remain in effect, except as otherwise provided.
18.4 No waiver by any party of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise or delay in exercising any right shall operate or be construed as a waiver thereof.
18.5 These Terms shall be interpreted neutrally between the parties without regard to which party drafted or caused to be drafted these Terms.
18.6 Provisions of these Terms which by their nature should apply beyond their termswill remain in force after any termination or expiration of these Terms.